Winning a Federal Court detention hearing in Illinois requires the services of a skilled criminal defense attorney. For expert legal advice from our skilled Federal Case attorneys, call us today at (312) 466-9466.
When a person is charged in Federal Court, the first appearance in court is called the Initial Appearance. Sometimes this is shortened and referred to as the IP. At the IP, the prosecution tells the court if they are seeking detention.
If the prosecution is seeking detention, the case is continued with the defendant in custody for up to three days, excluding weekends and holidays. The defendant may also seek a continuance, and can be granted up to five days, but must remain in custody during that time.
Avoiding detention in a Federal detention hearing requires a good legal strategy that is based on how Federal detention hearing decisions are made and on the specifics of your case.
The Bail Reform Act commands that the judicial officer "shall order release" unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. 18 U.S.C. 3142(a). Bail is not a right designed to determine guilt before trial, or serve as a form of pretrial punishment. E.g., United States v. Cox, 630 F. Supp. 1047, 1054 (D. Kan. 1986). The analysis is whether the government has proved that no combination of conditions would assure the safety of the community. 18 U.S.C. 3142(e)(1).
Many federal cases involve a "presumption" that the person charged is dangerous. If the offense charged is an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act, then the presumption applies. This presumption has been interpreted as shifting only the burden of production and not persuasion to the defendant. United States v. Dominguez, 783 F.2d 702, 706 (7th Cir. 1986).
This "burden of production" may require the defendant to produce "some credible evidence" showing reasonable assurance of appearance and/or no danger to the community. United States v. Carbone, 793 F.2d 559 (3d Cir. 1986). This is often harder that it may sound, especially just after arrest when the lawyer will have little information about the case and no discovery to work with, such as law enforcement reports.
Nevertheless, detention hearings can be won with the right evidence. A skilled lawyer may be able to convince a court that the court can impose conditions which ensure the safety of the public, even if he cannot rebut the fact that the client if facing a charge with a presumption of dangerousness.
An experienced attorney can also establish that a defendant has strong ties to the community, such as family, a job, etc. and that the defendant therefore is not a risk to flee.
If your loved one has been arrested and charged in Federal Court, call (312) 466-9466 and speak with the Law Office of Steven R. Hunter today.